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-27- <br /> NOV C-84-101 <br /> Mid-Continent Resources, Inc. <br /> I. FINDING OF VIOLATION <br /> During the May, 1984 inspection, Jim Herron, of the Mined Land <br /> Reclamation Division, observed that coal mixed with snow and coal waste <br /> had apparently been pushed over the north edge of the Mine No. bench. <br /> A Notice of Violation (NOV) was issued for failure to protect off-site <br /> areas from damage due to underground mining activities. Based on oral <br /> testimony, slides and photographs, the Director finds that the <br /> violation occurred, and NOV C-84-101 is upheld. <br /> II. PENALTY ASSESSMENT <br /> A. History: <br /> Based on the fact that one violation was issued against <br /> Mid-Continent Coal Resources within the twelve months prior to this <br /> NOV, $50.00 is assessed. <br /> B. Seriousness: <br /> The Division based its proposed assessment for seriousness on the <br /> consideration that damage did occur as a result of this violation <br /> and was expected to be of long duration. Information which was <br /> presented during the conference indicated that the coal waste which <br /> was spoiled downslope was retained within previously affected areas <br /> and that the only off-site damage would have been contributions of <br /> sediment and total dissolved solids to the Basin' s drainage <br /> system. In a relatively short period of time, the leaching of this <br /> material would be comparable to the material already existing in <br /> the mine bench. Therefore, the duration of the damage is <br /> considered moderate. $1 ,000.00 is assessed for seriousness. <br /> C. Fault: <br /> The rationale for the proposed assessment supports the final <br /> assessment for fault. $500.00 is assessed. <br /> D. Good Faith: <br /> No award for good faith. <br /> t <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-101 is $1 ,550.00 <br />